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(영문) 울산지방법원 2019.02.01 2018노1293
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. In determining whether the Defendant committed a crime is favorable to the Defendant, such as the fact that the Defendant committed all of his/her criminal acts and seriously reflects his/her criminal conduct.

However, in light of the circumstances leading up to the crime, the attitude of the crime and the repetition of the crime, etc., each of the crimes of this case is highly severe, and in particular, the defendant repeat repeatedly despite having been punished by imprisonment with prison labor, including imprisonment for the same kind of crime, and did not make any effort to recover damage, and did not receive a letter from the victims, and there are other circumstances unfavorable to the defendant, such as the defendant's family relation, age, character, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the judgment of the court below, etc., the court below's punishment seems to be deemed to be reasonable and reasonable and unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, since the portion of "1..... of the application of the laws and regulations" of the judgment below is deemed to be a clerical error, it shall be corrected to ex officio delete it pursuant to Article 25 (1) of the Regulations on Criminal Procedure.

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